Owens v. Dutcher
Texas Court of Appeals
635 S.W. 2d 208 (1982)
- Written by Mary Phelan D'Isa, JD
Facts
The Owenses (plaintiffs) rented a condominium unit from the unit’s owner, J. A. Dutcher (defendant). A fire occurred in the rented unit, causing extensive loss to the Owenses’ personal property. The fire that caused the damage started in wiring that serviced an external light fixture in the condominium’s common elements. The Owenses sued Dutcher to recover their damages, and a jury found that the light fixture was defective because it lacked an insulating box and that the negligence of the condominium association, of which Dutcher was a member, was the sole cause of the fire. The trial court rendered a judgment against Dutcher for his pro rata share based on his undivided ownership interest in the condominium’s common elements. The Owenses appealed and argued that the trial court erred in assessing Dutcher’s liability on a pro rata basis because the association members were jointly and severally liable for the torts of the association. Neither the state condominium act nor binding precedent addressed the issue of a unit owner’s liability for the association’s torts vis-à-vis the common areas.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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